32 Miss. Code. R. 1-23.2

Current through December 10, 2024
Section 32-1-23.2 - DEFINITIONS FOR AUTHORIZED REPRESENTATIVE

If the applicant/consumer is an adult, their representative is a person who has the authority to make decisions about the consumer and includes a:

* Person the consumer has appointed under a medical power of attorney, a durable power of attorney with the authority to make health care decisions, or a power of attorney with the authority to make health care decisions,

* Court appointed guardian for the consumer, or

* Person designated by law to make health care decisions when the consumer is in an institution and is incapacitated or mentally or physically incapable of communication.

Legal Representative means any person who has been vested by law with the power to act on behalf of another individual. The term includes a guardian appointed by a court of competent jurisdiction in the case of an incompetent individual or minor; or a parent in the case of a minor; or a person acting under a valid power of attorney. Categories of legal representatives include:

* Conservator: means an individual or corporation appointed by a court to manage the estate, property, and/or other business affairs of an individual whom the court has determined is unable to do so for him/herself.

* Power of Attorney: means a document which authorizes a person (agent) to act on behalf of another person (the principal). The principal delegates this authority, establishes its parameters, and may terminate it. Its authority is also terminated by death, disability, or incompetence of the principal, unless it is "durable."

* Durable Power of Attorney: a power of attorney document which specifically states it is to (1) remain in effect despite the principal's subsequent incapacity or (2) take effect upon the principal's incapacity.

* Guardian: means an individual or corporation appointed by a court to see to the needs of a person proven to be incapacitated or in need or continuing care or supervision. A guardianship may be "limited'", addressing only some types of need, an arrangement which is less restrictive than a full guardianship.

32 Miss. Code. R. 1-23.2